V.Kamalakannan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.12828 of 2024 V. Kamalakannan
...Petitioner
Vs
1. The Commissioner, Greater Chennai Corporation, Chennai - 600 003.
2. The Zonal Officer, Zonal-VII, Greater Chennai Corporation, M.T.H. Road, Ambattur, Chennai - 53
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and pass orders on the representation dated 01.08.2023 which was acknowledged on 08.08.2023 towards removal of the compound wall put up by the respondents in the petitioner's premises situated in S.No.122/1, New S.No.122/1 Part, T.S.No.71/4 and S.No.115/2, T.S.No.72/2, Korattur Village, Ambattur Taluk, Chennai District to a total extent of about 2702 Sq.Ft ( 2475.7+ 277 sq.ft respectively) on merits and as per 1/5
law within a time to be stipulated by this Court and pass orders. For Petitioner : Mr.L. Chandrakumar For Respondents : Mr.E.C. Ramesh Standing counsel
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2.This Writ Petition has been filed seeking a direction to the respondents to consider and pass orders on the representation dated 08.08.2023 which was acknowledged on 01.08.2023 towards removal of the compound wall put up by the respondents in the petitioner's premises situated in S.No.122/1, New S.No.122/1 Part, T.S.No.71/4 and S.No.115/2, T.S.No.72/2, Korattur Village, Ambattur Taluk, Chennai District to a total extent of about 2702 Sq.Ft ( 2475.7+ 277 sq.ft respectively) on merits and as per law.
3.The case of the petitioner is that the petitioner and his family 2/5
members are the absolute owners of the above mentioned property. The grievance of the petitioner is that the first respondent on an erroneous understanding of measurement of the land had put up a compound wall encroaching upon the petitioner's land in to an extent of 2702 Sq.Ft ( 2475.7 + 277t). Despite the fact remains that the said land belongs to the petitioner and their family members. Hence, the petitioner gave a representation to the respondents on 01.08.2023 for removal of the compound wall put in the subject property. However, the same was not considered till date. Hence, this petition
4. The learned counsel for the petitioner submitted that the petitioner has patta and documents to prove that the subject property belongs to the petitioner. Hence, the petitioner seeks a direction to the respondents to consider the petitioner's representation and pass orders.
5. The learned standing counsel appearing for the respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.
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6. In view of the above, this Court directs the respondents to measure the subject property with the assistance of the concerned surveyor within a period of eight weeks from the date of receipt of a copy of this order. After obtaining the report from the surveyor, the respondents are directed to pass appropriate orders on the petitioner's representation within a period of four weeks therein. The petitioner is also directed to -co-operate with the surveyor for measuring the subject property.
7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
03.06.2024 Index:Yes/No Speaking order/Non-speaking order smn To
1. The Commissioner, Greater Chennai Corporation, Chennai - 600 003.
2. The Zonal Officer, Zonal-VII, Greater Chennai Corporation, 4/5
M.T.H. Road, Ambattur, Chennai - 53 V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.12828 of 2024 03.06.2024 5/5